BHADRA NARAIN PATHAK Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Rajeev Misra, learned Counsel for petitioners-appellant. Learned Standing Counsel appears for respondents.

(2.) Shri Bhadra Narain Pathak and Shri Santosh Kumar Upadhyay have filed this Special Appeal against a short judgment of this Court dated 21.2.2008 in Writ Petition No. 9688 of 2008, which reads as follows:-

(3.) It is contended by Shri Rajeev Misra that 'Sri Mahaveer Pathak Sanskrit Mahavidyalaya, Aswari, Raja Talab, Varanasi' is recognised by Sampurnanad Sanskrit University, Varanasi. The petitioners are approved teachers and they are getting salary since 1983. There are two teachers in the institution. The students are regularly appearing from the institution in the examinations conducted by the Sampurnanand Sanskrit University. Now the State Government has framed U.P. Sanskrit Basic Education Act regulating service conditions of the teachers of the Sanskrit institutions registered and recognised by the Sampurnanand Sanskrit University, Varanasi. The teachers are receiving regular salary, and are performing their duties. Some complaints were made on account of rivalry between the Sanskrit Teachers' Association on which an inspection was caused and in which it is alleged that Shri Santosh Kumar Upadhyaya-appellant no. 2 could not point out the place from where the school is running. The Principal Secretary, Government of U.P. has suspended the grant-in-aid of the school. It is submitted that the findings are incorrect. The Inspector of Sanskrit Education has repeatedly caused inspections of the institution, and that every year the students are appearing in the examinations. The inspection was made ex-parte and that no opportunity was given to the petitioners before suspending the grant. They are getting their salaries since 1993, which has now been stopped w.e.f. 27.12.2007. Shri Rajeev Misra submits that in any case a final order has to be passed in the matter. He has relied upon a judgment of learned Single Judge in Writ Petition No. 8593 of 2008, Jagdish Sharma and Others v. State of U.P. and Others decided on 15.9.2010 in submitting that the suspension of grant in aid without notice and opportunity is in violation of principles of natural justice.